Federal Register / Vol. 79, No. 15 / Thursday, January 23, 2014 / Notices 3791 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was re-designated Part A. 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–035] 

Notice of Petition for Waiver of 

Liebherr Canada Ltd. From the 

Department of Energy Residential 

Refrigerator and Refrigerator-Freezer 

Test Procedure, and Grant of Interim 

Waiver 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of petition for waiver, 

notice of grant of interim waiver, and 

request for comments. 

SUMMARY: This notice announces receipt 

of a petition for waiver and application 

for interim waiver (hereafter, ‘‘petition’’) 

from Liebherr Canada Ltd. (Liefherr) 

regarding specified portions of the U.S. 

Department of Energy (DOE) test 

procedure for determining the energy 

consumption of residential electric 

refrigerators and refrigerator-freezers. In 

its petition, Liebherr proposes to use an 

alternate test procedure that would 

permit the testing of its all-refrigerator 

model while physically connected to 

Liebherr’s companion upright freezer 

model, which is necessary for the 

refrigerator to function properly. DOE 

solicits comments, data, and 

information concerning Liebherr’s 

petition and the suggested 

modifications. Today’s notice also 

grants Liebherr an interim waiver from 

the residential electric refrigerator and 

refrigerator-freezer test procedure, 

subject to use of the alternate test 

procedure set forth in this notice. 

DATES: DOE will accept comments, data, 

and information with respect to the 

Liebherr Petition until February 24, 

2014. 

ADDRESSES: You may submit comments, 

identified by case number ‘‘RF–035,’’ by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: AS_Waiver_Requests@

ee.doe.gov. Include the case number 

[Case No. RF–035] in the subject line of 

the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–5B/ 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. Please 

submit one signed original paper copy. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza SW., Suite 600, 

Washington, DC 20024. Please submit 

one signed original paper copy. 

Docket: For access to the docket to 

review the background documents 

relevant to this matter, you may visit the 

U.S. Department of Energy, 950 L’Enfant 

Plaza SW., Washington, DC, 20024; 

(202) 586–2945, between 9:00 a.m. and 

4:00 p.m., Monday through Friday, 

except Federal holidays. Available 

documents include the following items: 

(1) This notice; (2) public comments 

received; (3) the petition for waiver and 

application for interim waiver; and (4) 

prior DOE waivers and rulemakings 

regarding similar refrigerator-freezer 

products. Please call Ms. Brenda 

Edwards at the above telephone number 

for additional information. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Bryan Berringer, U.S. Department of 

Energy, Building Technologies Program, 

Mail Stop EE–5B, Forrestal Building, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–0371. Email: 

Bryan.Berringer@ee.doe.gov. 

Mr. Michael Kido, U.S. Department of 

Energy, Office of the General Counsel, 

Mail Stop GC–71, Forrestal Building, 

1000 Independence Avenue SW., 

Washington, DC 20585–0103. 

Telephone: (202) 586–8145. Email: 

Michael.Kido@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Authority 

Title III, Part B of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Public Law 94–163 (42 U.S.C. 6291– 

6309, as codified), established the 

Energy Conservation Program for 

Consumer Products Other Than 

Automobiles, a program covering most 

major household appliances, which 

includes the electric refrigerators that 

are the focus of this notice.1 Part B 

includes definitions, test procedures, 

labeling provisions, energy conservation 

standards, and the authority to require 

information and reports from 

manufacturers. Further, Part B 

authorizes the Secretary of Energy to 

prescribe test procedures that are 

reasonably designed to produce results 

that measure the energy efficiency, 

energy use, or estimated annual 

operating costs of a covered product, 

and that are not unduly burdensome to 

conduct. (42 U.S.C. 6293(b)(3)) The test 

procedure for electric refrigerators and 

refrigerator-freezers is contained in 10 

CFR part 430, subpart B, appendix A. 

The regulations set forth in 10 CFR 

430.27 contain provisions that enable a 

person to seek a waiver from the test 

procedure requirements for covered 

products. The Assistant Secretary for 

Energy Efficiency and Renewable 

Energy (the Assistant Secretary) will 

grant a waiver if it is determined that 

the basic model for which the petition 

for waiver was submitted contains one 

or more design characteristics that 

prevents testing of the basic model 

according to the prescribed test 

procedures, or if the prescribed test 

procedures may evaluate the basic 

model in a manner so unrepresentative 

of its true energy consumption 

characteristics as to provide materially 

inaccurate comparative data. 10 CFR 

430.27(l). A petitioner must include in 

its petition any alternate test procedures 

known to the petitioner to evaluate the 

basic model in a manner representative 

of its energy consumption. The 

Assistant Secretary may grant the 

waiver subject to conditions, including 

adherence to alternate test procedures. 

10 CFR 430.27(l). Waivers remain in 

effect pursuant to the provisions of 10 

CFR 430.27(m). 

The waiver process also allows the 

Assistant Secretary to grant an interim 

waiver from test procedure 

requirements to manufacturers that have 

petitioned DOE for a waiver of such 

prescribed test procedures. 10 CFR 

430.27(g). An interim waiver remains in 

effect for 180 days or until DOE issues 

its determination on the petition for 

waiver, whichever occurs earlier. DOE 

may extend an interim waiver for an 

additional 180 days. 10 CFR 430.27(h). 

II. Petition for Waiver of Test Procedure 

and Application for Interim Waiver 

On September 27, 2013, Liebherr filed 

a petition for waiver and an application 

for interim waiver from the test 

procedure applicable to residential 

electric refrigerators and refrigeratorfreezers set forth in 10 CFR part 430, 

subpart B, appendix A. The subject of 

the waiver petition is Liebherr ’s allrefrigerator model, which shares a 

control panel with an accompanying 

freezer. Testing to the procedures in 

Title 10 of the Code of Federal 

Regulations (10 CFR), part 430, subpart 

B, appendix A, section 3 Test Control 

Settings requires that refrigerators with 

a user operable temperature control be 

tested with the control set in a 

prescribed manor according TABLE 1— 

TEMPERATURE SETTINGS FOR ALL– 

REFRIGERATORS. According to 

Liebherr, this is not possible for this 

model unless the refrigerator is 

connected to the accompanying freezer 

which has the control panel for both 


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3792 Federal Register / Vol. 79, No. 15 / Thursday, January 23, 2014 / Notices 

appliances. The petition for waiver is to 

allow a freezer, with the appropriate 

connection and control panel, to be 

connected to the refrigerator for the sole 

purpose of changing the control settings 

in the refrigerator under test. 

In its petition Liebherr proposes to 

use an alternate test procedure to test 

these products. Specifically Liebherr 

proposes to place the refrigerator in 

position for testing, locate the freezer 

close enough to attach the low voltage 

connection (approximately 18’’) but not 

in a location where the freezer interferes 

with the ambient air flow or other 

testing conditions, connect the 

refrigerator’s low voltage cable to the 

freezer, plug in the freezer, turn the 

freezer off on the control panel, and use 

the refrigerator portion of the control 

panel to set the appropriate 

temperatures for the refrigerator test. 

Liebherr also requests an interim 

waiver from the existing DOE test 

procedure. An interim waiver may be 

granted if it is determined that the 

applicant will experience economic 

hardship if the application for interim 

waiver is denied, if it appears likely that 

the petition for waiver will be granted, 

and/or the Assistant Secretary 

determines that it would be desirable for 

public policy reasons to grant 

immediate relief pending a 

determination of the petition for waiver. 

10 CFR 430.27(g). 

DOE has determined that Liebherr’s 

application for interim waiver does not 

provide sufficient market, equipment 

price, shipments and other 

manufacturer impact information to 

permit DOE to evaluate the economic 

hardship Liebherr might experience 

absent a favorable determination on its 

application for interim waiver. DOE has 

determined, however, that it is likely 

Liebherr’s petition will be granted, and 

that it is desirable for public policy 

reasons to grant Liebherr relief pending 

a determination on the petition. DOE 

has determined that it is desirable to 

have similar basic models tested in a 

consistent manner. 

For the reasons stated above, DOE 

grants Liebherr’s application for interim 

waiver from testing of its all-refrigerator 

that shares a control panel with an 

accompanying freezer. Therefore, it is 

ordered that: 

The application for interim waiver 

filed by Liebherr is hereby granted for 

the specified Liebherr refrigeratorfreezer basic models that share a control 

panel with an accompanying freezer, 

subject to the specifications and 

conditions below. Liebherr shall be 

required to test or rate the specified 

refrigerator-freezer products according 

to the alternate test procedure as set 

forth in section III, ‘‘Alternate Test 

Procedure.’’ 

The interim waiver applies to the 

following basic model groups: 

RB 1420 

R 1420 

DOE makes decisions on waivers and 

interim waivers for only those models 

specifically set out in the petition, not 

future models that may be manufactured 

by the petitioner. Liebherr may submit 

a subsequent petition for waiver and 

request for grant of interim waiver, as 

appropriate, for additional models of 

refrigerator-freezers for which it seeks a 

waiver from the DOE test procedure. In 

addition, DOE notes that a grant of an 

interim waiver or waiver does not 

release a petitioner from the 

certification requirements set forth at 10 

CFR part 429. 

Further, this interim waiver is 

conditioned upon the presumed validity 

of statements, representations, and 

documents provided by the petitioner. 

DOE may revoke or modify this interim 

waiver at any time upon a 

determination that the factual basis 

underlying the petition for waiver is 

incorrect, or upon a determination that 

the results from the alternate test 

procedure are unrepresentative of the 

basic models’ true energy consumption 

characteristics. 

III. Alternate Test Procedure 

EPCA requires that manufacturers use 

DOE test procedures to make 

representations about the energy 

consumption and energy consumption 

costs of products covered by the statute. 

(42 U.S.C. 6293(c)) Consistent 

representations are important for 

manufacturers to use in making 

representations about the energy 

efficiency of their products and to 

demonstrate compliance with 

applicable DOE energy conservation 

standards. Pursuant to its regulations 

applicable to waivers and interim 

waivers from applicable test procedures 

at 10 CFR 430.27, DOE will consider 

setting an alternate test procedure for 

Liebherr in a subsequent Decision and 

Order. 

In its petition, Liebherr proposes to 

use an alternate test procedure. The 

DOE test procedure for residential 

refrigerators and refrigerator-freezers in 

Title 10 of the Code of Federal 

Regulations (10 CFR), part 430, subpart 

B, appendix A, section 3 Test Control 

Settings requires that refrigerators with 

a user operable temperature control be 

tested with the control set a prescribed 

manor according TABLE 1— 

TEMPERATURE SETTINGS FOR ALL– 

REFRIGERATORS. As described by 

Liebherr, these models are physically 

two separate cabinets, but are designed 

to be installed immediately adjacent, or 

in close proximity, to each other. In 

addition, the freezer model contains the 

control panel that controls the 

compartment temperatures of both 

appliances. Liebherr states that, because 

of this design feature, it is not possible 

to test the refrigerator model using the 

existing Appendix A test procedure 

unless the refrigerator is connected to 

the accompanying freezer; no provision 

in Appendix A allows for such an 

arrangement. 

Liebherr proposes to use the test 

method of appendix A to subpart B of 

10 CFR part 430 to test its refrigerator 

models, with a modification to address 

the connection of the refrigerator to the 

freezer. For the purposes of granting the 

interim waiver, DOE has modified 

slightly the language of Liebherr’s 

proposal to be more consistent with the 

language of the DOE test procedure. For 

the purposes of testing the models 

addressed in this interim waiver, the 

following shall be treated as an 

additional requirement in Section 2 of 

Appendix A addressing test condition: 

2.11 Connection of refrigerator cabinet 

to separate freezer cabinet: The 

refrigerator shall be positioned for 

testing in accordance with this section, 

with the freezer positioned close enough 

to the refrigerator to allow attachment of 

the low voltage connection 

(approximately 18’’), but not in a 

location in which the freezer interferes 

with the ambient air flow or other 

testing conditions specified in this 

section. The refrigerator’s low voltage 

cable shall be connected to the freezer 

prior to testing. The freezer must be 

plugged in in during testing, but shall be 

placed in the ‘‘off’’ position on the 

control panel. The refrigerator portion of 

the control panel shall then be used to 

set the appropriate temperatures for the 

refrigerator test as required by Section 3. 

Test Control Settings and perform the 

remainder of the test as prescribed by 

this Appendix. 

DOE notes that Liebherr has not 

petitioned for a test procedure waiver 

nor requested an interim waiver for its 

accompanying freezer models. Thus, the 

freezer models shall be tested according 

to the applicable test procedure in 

appendix B to subpart B of 10 CFR part 

430 without modification. 

IV. Summary and Request for 

Comments 

Through today’s notice, DOE 

announces receipt of Liebherr’s petition 

for waiver from certain parts of the test 

procedure in 10 CFR Part 430, subpart 

B, appendix A and grants an interim 


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Federal Register / Vol. 79, No. 15 / Thursday, January 23, 2014 / Notices 3793 

waiver to Liebherr. DOE is publishing 

Liebherr’s petition for waiver. The 

petition contains no confidential 

information. The petition includes a 

suggested alternate test procedure to 

measure the energy consumption of 

refrigerator-freezer basic models that 

shares a control panel with an 

accompanying freezer. 

DOE solicits comments from 

interested parties on all aspects of the 

petition. Any person submitting written 

comments to DOE must also send a copy 

of such comments to the petitioner. 10 

CFR 430.27(d). The contact information 

for the petitioner is: Gordon Tosh, 

Technical Advisor, Refrigerator and 

Freezer Division, Liebherr Canada Ltd., 

1015 Sutton Drive, Burlington, Ontario, 

Canada, N0B 2K0. All submissions 

received must include the agency name 

and case number for this proceeding. 

Submit electronic comments in 

WordPerfect, Microsoft Word, Portable 

Document Format (PDF), or text 

(American Standard Code for 

Information Interchange (ASCII)) file 

format and avoid the use of special 

characters or any form of encryption. 

Wherever possible, include the 

electronic signature of the author. DOE 

does not accept telefacsimiles (faxes). 

Issued in Washington, DC, on January 16, 

2014. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

September 27, 2013 

The Honorable David Danielson 

Assistant Secretary 

Energy Efficiency and Renewable 

Energy 

U. S. Department of Energy 

Mail Station EE–10 

1000 Independence Avenue, SW. 

Washington DC 20585–010 

Liebherr Canada Ltd. (Liebherr) 

respectfully summits an Application for 

Petition of Waiver and Application for 

Interim Waiver to the Department of 

Energy (DOE) with regard to Liebherr’s 

all-refrigerator that shares a control 

panel with an accompanying freezer. 

Reasoning 

10 CFR 430.27, Petitions for waiver 

and applications for interim waiver, 

allows any interested person to submit 

a petition to waive for a particular basic 

model any requirements of § 430.23, or 

of any appendix to this subpart, upon 

the grounds that the basic model 

contains one or more design 

characteristics which prevent testing of 

the basic model according to the 

prescribed test procedures. 

APPENDIX A TO SUBPART B OF 

PART 430—UNIFORM TEST METHOD 

FOR MEASURING THE ENERGY 

CONSUMPTION OF ELECTRIC 

REFRIGERATORS AND ELECTRIC 

REFRIGERATOR-FREEZERS, SEC. 3 

TEST CONTROL SETTINGS: Requires 

that refrigerators with a user operable 

temperature control be tested with the 

control set a prescribed manor 

according TABLE 1—TEMPERATURE 

SETTINGS FOR ALL-REFRIGERATORS. 

This is not possible unless the 

refrigerator is connected to the 

accompanying freezer which has the 

control panel for both appliances. 

Liebherr petitions for waiver for a 

refrigerator that due to a design 

characteristic prevents testing of the 

basic model according to the prescribed 

test procedures because its control panel 

is located in an accompanying freezer. 

The petition for waiver is to allow a 

freezer, with the appropriate connection 

and control panel, to be connected to 

the refrigerator for the sole purpose of 

changing the control settings in the 

refrigerator under test. 

Alternate test procedure. 

When the refrigerator is in position 

for testing, locate the freezer close 

enough to attach the low voltage 

connection (approximately 18′′) but not 

in a location where the freezer interferes 

with the ambient air flow or other 

testing conditions. Connect the 

refrigerator’s low voltage cable to the 

freezer. Plug in the freezer. Turn the 

freezer off on the control panel. Use the 

refrigerator portion of the control panel 

to set the appropriate temperatures for 

the refrigerator test. 

Conclusion 

Liebherr Petitions for Waiver and 

application for Interim Waiver to allow 

the use of the control panel in an 

accompanying freezer to set the 

temperature of a refrigerator under test. 

The effected models are RB 1420 and 

R 1420. 

Please feel free to contact me if we 

have any questions regarding this 

Petition for Waiver and application for 

Interim Waiver. I will be happy to 

provide any other information or 

discuss any questions. 

Sincerely, 

Gordon Tosh 

Technical Advisor 

Refrigerator and Freezer Division 

1015 Sutton Drive 

Burlington, Ontario 

Canada, N0B 2K0 

Phone: 905–315–2798 

Mobile: 905–220–5933 

Fax: 905–319–9336 

Email: gordon.tosh@liebherr.com 

[FR Doc. 2014–01346 Filed 1–22–14; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. RF–037] 

Petition for Waiver of Samsung 

Electronics America, Inc. From the 

Department of Energy Residential 

Refrigerator and Refrigerator-Freezer 

Test Procedure and Grant of Interim 

Waiver 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of Petition for Waiver, 

Notice of Granting Application for 

Interim Waiver, and Request for Public 

Comments. 

SUMMARY: This notice announces receipt 

of petitions for waiver from Samsung 

Electronics America, Inc. (Samsung) 

seeking an exemption from specified 

portions of the U.S. Department of 

Energy (DOE) test procedure for 

determining the energy consumption of 

electric refrigerators and refrigeratorfreezers. Samsung asks that it be 

permitted to use an alternate test 

procedure that is intended to address 

difficulties in testing dual compressor 

systems using the currently applicable 

DOE test procedure. DOE solicits 

comments, data, and information 

concerning Samsung’s petitions and the 

suggested alternate test procedure. 

Today’s notice also grants Samsung an 

interim waiver from the electric 

refrigerator-freezer test procedure, 

subject to use of the alternative test 

procedure set forth in this notice. The 

waiver request pertains to the basic 

models set forth in Samsung’s petitions 

that incorporate dual compressors. 

DATES: DOE will accept comments, data, 

and information with respect to the 

Samsung Petition until February 24, 

2014. 

ADDRESSES: You may submit comments, 

identified by case number ‘‘RF–037,’’ by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: AS_Waiver_Requests@

ee.doe.gov. Include the case number 

[Case No. RF–037] in the subject line of 

the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J/ 


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